Advice needed on PPI claims

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denis
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by denis » Tue Jun 05, 2018 1:53 pm
I ended my iva 2011 and got a certificate.
In 2013 I claimed ppi and it was payed directly to me.
I have now had a letter out of the blue saying I need to claim ppi and pass it on to my ex supervisor.
The problem is I have now spent the money,I did not claim any ppi while I was in my ivaforum only when it had finished
I know there was a recent case in 2017 but surely that does not count for me.
Please can I have some advice.
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Foggy
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by Foggy » Tue Jun 05, 2018 2:18 pm
PPI was. and is, an asset due to your creditors. The recent court case confirmed that this applied to IVA's that had already finished. There are quite a few people in your position. My arguement would br that, back in 2011, not even the industry professionals knew what to do about PPI, so you cannot be expected to have known either !

As yet we do not know how IP's will react to spent PPI or what they will consider as appropriate action. It could be that one or more will take it to court for a ruling, much like the previous case regarding PPI.
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denis
Posts: 6
by denis » Tue Jun 05, 2018 2:33 pm
Foggy wrote:
PPI was. and is, an asset due to your creditors. The recent court case confirmed that this applied to IVA's that had already finished. There are quite a few people in your position. My arguement would br that, back in 2011, not even the industry professionals knew what to do about PPI, so you cannot be expected to have known either !

As yet we do not know how IP's will react to spent PPI or what they will consider as appropriate action. It could be that one or more will take it to court for a ruling, much like the previous case regarding PPI.

Thank you I will just wait and see what happens there can't make me fill the forms in.
Mrs_Brown
Posts: 57
by Mrs_Brown » Wed Jun 06, 2018 3:49 am
Am I right in thinking that the court ruling was 2016? I think I would be arguing that my crystal ball wasn't working the day I got the cheque, and believing the IVA completed monies have been spent. If asked to repay, I would present evidence of the date the money went in (and any large outgoing as a result of having it, not that you should have to justify spending it) I would be presenting it to the IP and along with a complaint that no formal steer was given until 2016.

I actually claimed PPI myself back in 2011 and entered an IVA in 2016 just over 5yrs later, I recall being asked if I had claimed any PPI in the last 5yrs and said no, then worrying it may have been a bit later on and wondered if they might try to make me pay it on in some way.
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denis
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by denis » Wed Jun 06, 2018 7:39 am
Yes because nobody new about the court ruling when I claimed ppi I am going to say I completed my iva and nobody told me I could not claim ppi
Also why did the banks pay the money direct to me ?
I agree if I was to claim ppi now I would have to give it to my former IP.
I am getting harassed every day to fill the forms in due to the new ruling but I have told them I am not signing anything.
I will sit this one out to see what happens I have done wrong at the time of claiming.
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denis
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by denis » Wed Jun 06, 2018 7:41 am
I have done nothing wrong at the time of claiming
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kallis3
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by kallis3 » Wed Jun 06, 2018 9:43 am
I agree with Foggy - PPI is an asset and should be paid across to your creditors but some companies don't bother to pursue it.
justb1
Posts: 10
by justb1 » Wed Jun 06, 2018 9:52 am
Hi there.
I am in exactly the same boat as you. I am being called up every day by some company called DRSP, which in my opinion is nigh on close to harassment. I have also received two packs with forms in claiming to be from my old IVA company Cleardebt. So far I have not returned any calls nor filled any forms in because I don’t believe I have to nor should. In my opinion the IVA firms are only doing this as they have some sort of financial gain to achieve themselves in all of this. I’ve read on other forums that they can claim back a large proportion of any monies received as an incentive for finding ‘extra’ money for our original creditors, so by the time the creditors actually received anything it would probably amount to nothing. My situation is very similar to yours. My IVA finished in 2011, and I claimed back PPI at the end of 2012. Of my two successful claims one bank sent the money directly to me, one informed me that as I was ‘IN’ an IVA and therefore the money was going to be sent to Cleardebt. I called Cleardebt at the time who said yes the money was due to them. However when I called the bank back up and informed them I had my completion certificate they then sent the money directly to me. I never heard anything again from Cleardebt. A year went by so I spent the money. Then in 2016 Lloyd’s bank reassessed my claim and awarded me PPI. They however sent the money to Cleardebt. I challenged the decision, and called Cleardebt also, who then said they were waiting the outcome of the Green/Wright case and was likely that the case would rule in their favour but would keep the money pending the outcome. The outcome did rule that PPI claims should go into an IVA, as they are assets that formed part of the IVA. However prior to the recent letters I never heard from Cleardebt again. They have had MY money and yet not told me how this has been divided to my creditors which I find downright disgusting. I simply believe that IVA companies are now twisting and using loopholes within very unclear legalities in old IVAs for their own financial gain. I’ve looked into my old IVA terms and it says nothing about any of my obligations after completion, so in my opinion it’s complete and that is that. It does go on about the IPs obligations after completion, but in my opinion that relates to facts where the IP finds out you deliberately lied or were fraudulent in some way DURING your IVA, not for them to harass you some 7 years after completion over some court ruling about where PPI should go. I’ve tried looking into some way of filing an official complaint into them, however it would appear that IVA companies are unanswerable to anyone. The Financial Services Omnubsman states they only cover banks and other financial services industries. Perhaps someone could shed some light on who they are actually answerable to. I am recovering from major surgery at present and the last thing I need is harassment and stress from something that was supposedly legally completed and done with 7 years ago.
justb1
Posts: 10
by justb1 » Wed Jun 06, 2018 10:08 am
Having said all that I am worried sick as to what might happen now I’m in essence ignoring all of this. Does anyone actually know what powers an IP does actually have legally over me 7 years after my IVA completed. Is there an IP that follows this forum that could clarify?? I’ve read dreadfully scary blogs where people have commented that an IP could make me bankrupt?? Really?? 7 years after my IVA is complete, can they really now fail my IVA and make me bankrupt? I have a new debt free life now, and a mortgage and that would be the last thing on Earth I need. At the same time I’m worried sick that if I did just fill these forms in then it would show up that I’ve had PPI and spent it, then I would then have to be forced into another IVA or similar to pay back the PPI money. I’m assuming it would all have to go through a court, but again don’t want to have to go through that either
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denis
Posts: 6
by denis » Thu Jun 07, 2018 1:29 pm
I am still getting calls today...I am not filling the forms in because my iva ended years ago ....I will only act if I get took to court and I don't think that will happen far too many loopholes to get that far.
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denis
Posts: 6
by denis » Mon Jun 11, 2018 10:11 am
I have just been to the citerzen advice and explained about the ppi.
I am told nobody can make you claim ppi it is up to the individual.
There also checked the insolvency government register and I am not on it so my iva is completed and all other debt legally written off.
The lady also said do not get a loan to pay this will put you into further debt.
If I get any more letters I have to go back so I am not going to do anything .
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